(영문) 대구지방법원 2016.07.20 2016나1142 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.07.20 2016나1142

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1-b of the judgment of the court of first instance

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a building listed in the attached sheet (hereinafter “instant building”).

2) As regards the instant building, C representing the Plaintiff and D representing the Defendant entered into a lease agreement on three occasions as follows:

(hereinafter collectively referred to as “instant lease agreement”). C and D included a three-dimensional lease agreement that “The lessor may make a verbal or written notification of cancellation at least two months prior to the expiration of the contract period, and the lessee may accept without any condition and immediately order the site building.”

From March 1, 2010 to March 31, 2014, evidence of monthly rent for the lease term of 20,000 won from April 1, 2010 to March 31, 2014 (payment on March 1), Gap evidence 1 and Eul evidence 2,200,000 won until March 31, 2014 (payment on March 26, 2014 to March 31, 2015), the plaintiff was notified the defendant of the termination right of 2,200,000 won from April 1, 2014 to March 31, 2015, and the plaintiff was notified of the termination of the lease contract of 20,200,000 won to the defendant on March 31, 2015.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

B. Even if an agreement for the term of lease exists, if one or both parties have withheld the right to terminate the lease within the term, the parties may notify at any time the lessee of the termination of the contract, and if the lessor has notified the lessee of the termination of the land, building or other structures (excluding movable property), the effect of the termination shall accrue at the time after six months have elapsed from the date on which the lessee, who is the other party, was notified of such termination (Articles 636 and 635(1) and (2)1 of the Civil Act), and any agreement contrary thereto, which is unfavorable to the lessee

참조조문

-민법 제635조 제1항

-민법 제636조

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